§1881b Certain Acquisitions Inside the United States Targeting United States Persons Outside the United States

Summary

The Foreign Intelligence Surveillance Court can approve electronic surveillance inside the United States when the target is a United States person who is reasonably believed to be located outside the United States and the goal is to get foreign intelligence. A federal officer must apply in writing, the Attorney General must approve the application, and the court must find probable cause that the person is outside the U.S. and is a foreign power, an agent of one, or an officer or employee of one. The application must say who is applying, describe the target, explain the facts for the belief, describe the information sought and how it will be collected, include rules to limit collection of U.S. persons’ information (called minimization procedures), and state the time needed (not more than 90 days per order). A judge may ask for more information. No person may be treated as a foreign power just for doing activities protected by the First Amendment. The court can approve an order for up to 90 days and renew it in 90-day increments. In an emergency, the Attorney General may authorize the collection before a judge signs an order, but must notify a judge and file an application within 7 days. If a court later denies the application, or no order is issued, information from that collection generally cannot be used or disclosed in legal or government proceedings, except if the target is shown not to be a U.S. person or the Attorney General approves disclosure to prevent death or serious harm. Electronic communication providers that help under a court order or emergency request are protected from lawsuits. The government may appeal court decisions to the Foreign Intelligence Surveillance Court of Review and then to the Supreme Court. Finally, aside from what is required here, the rest of the law does not add extra order requirements for these kinds of targeted collections.